PROTOCOL TO AMEND THE ASEAN MEMORANDUM OF UNDERSTANDING ON AIR FREIGHT SERVICES The Aeronautical Authorities of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand, and the Socialist Republic of Vietnam, Member Countries of the Association of Southeast Asian Nations (ASEAN) (hereinafter collectively referred to as "Contracting Parties"); AFFIRMING the policy agenda for the progressive implementation of full liberalisation and integration of air services in ASEAN as laid down in the Action Plan for ASEAN Air Transport Integration and Liberalisation adopted at the Tenth ASEAN Transport Ministers (ATM) Meeting on 23 rd November 2004 in Phnom Penh, Cambodia; RECOGNISING the ASEAN Sectoral Integration Protocol for Air Travel signed on 29 th November 2004 in Vientiane, Lao PDR, in pursuance to the ASEAN Framework Agreement for the Integration of Priority Sectors, provides, among others, the implementation for the full liberalisation of air freight services; RECALLING the ASEAN Memorandum of Understanding (MOU) on Air Freight Services signed on 19 th September 2002 in Jakarta, Indonesia, which entered into force in November 2004, seeks to enhance cooperation and achieve greater flexibility and capacity in the operations of air freight services in ASEAN;
RECALLING also that the Eleventh ASEAN Transport Ministers Meeting in Vientiane, Lao PDR on 17 th November 2005, endorsed the implementing arrangements to accelerate the integration of the air travel sector by 2010; DESIRING to amend the above 2002 ASEAN MOU on Air Freight Services, to provide for increased tonnage and additional designated points; HAVE AGREED AS FOLLOWS: Article 1 - Capacity and Frequency The designated airline(s) of each Contracting Party shall be allowed to operate all-cargo services up to 250 tons weekly in each direction, with no limitations on frequency and aircraft type from its territory to each of the other Contracting Parties' territory and vice-versa. Article 2 - Route (Point to Point Services) The designated airline(s) of each Contracting Party shall be allowed to exercise third and fourth freedom traffic rights in operating the agreed services between specified country pairs as follows: Brunei Darussalam : Bandar Seri Begawan Cambodia : Phnom Penh Indonesia : Batam, Balikpapan, Biak, Makassar, Manado, Palembang, Pontianak -2-
Lao PDR : Vientiane, Luang Phabang, Pakse Malaysia : Kuala Lumpur Myanmar : Yangon, Mandalay Philippines : Points in the Philippines Singapore : Singapore Thailand : Bangkok, Chiang Mai, Hat Yai, Khon Kaen, Phuket, U-Tapao, Ubon Ratchathani Viet Nam : Ha Noi, Da Nang, Ho Chi Minh City, Chu Lai Article 3 - Final Provisions 1. This Protocol shall amend Items 2 and 3 of the 2002 ASEAN Memorandum of Understanding (MOU) on Air Freight Services, and shall form an integral part of the said MOU. 2. This Protocol shall be deposited with the Secretary-General of ASEAN who shall promptly furnish a certified copy thereof to each Contracting Party. 3. This Protocol shall enter into force upon the deposit of the Diplomatic Notes by all the Contracting Parties with the Secretary-General of ASEAN. The Secretary-General of ASEAN shall promptly inform each Contracting Party of such deposit of the Diplomatic Note. -3-
4. The ASEAN Secretariat, as the Depository, shall maintain a centralised register of airline designations and operating authorisations. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Protocol to Amend the ASEAN Memorandum of Understanding on Air Freight Services. DONE at Bangkok, Thailand on this Eighth day of February in the Year Two Thousand and Seven, in a single original copy in the English language. For Brunei Darussalam: DATO YUSOF HASSAN Permanent Secretary Ministry of Communications For the Kingdom of Cambodia JMCHEK SOVARY Deputy Director General State Secretariat for Civil Aviation -4-
For the Republic of Indonesia: H. IKSAN TATANG Director General of Civil Aviation Ministry of Transportation For the Lao People's Democratic Republic: YAKUA LOPANGKAO Director General Department of Civil Aviation For Malaysia: LONG SEE WOOL Deputy Secretary-General Ministry of Transport -5-
For the Union of Myanmar WINN PE Director General Department of Transport For the Republic of the Philippines: ANNE Undersecretary for Road Transport Department of Transportation and Communications For the Republic of Singapore: A BRIG-GEN (NS) ( CHOI SHING KWOK Permanent Secretary Ministry of Transport -6-
For the Kingdom of Thailand: ni S \J l*0u$e\\*sc<-<$. t(, CHAISAWASD KITTIPORNPAIBOON Permanent Secretary Ministry of Transport For the Socialist Republic of Viet Nam: LAI XUANTHANH Deputy Director General The Civil Aviation Administration of Vietnam -7-